The government on Thursday began the process of appointing the next Chief Justice of India to be vacated by incumbent BR Gavai on November 23, sources told PTI.
The letter asking Justice Gavai to appoint his successor is expected to be delivered either tonight or Friday, people familiar with the process of appointing Supreme Court and High Court judges told PTI.
According to the procedure memorandum, a set of documents leading to the appointment, transfer and promotion of SC and HC judges, the senior most judge of the Supreme Court, who is considered fit to hold the post, should be appointed to the office of the Chief Justice of India.
The Union Law Minister would seek the outgoing Chief Justice of India’s recommendation “at an appropriate time” to appoint his successor.
Traditionally, a letter of recommendation for the next CJI is sent approximately one month before the holder retires after reaching the age of 65.
Justice Surya Kant, currently the senior most judge after the CJI, is next in line to assume the top post in the Indian judiciary. Once appointed, he will take over as CJI on November 24 and is expected to be in office for nearly 15 months, till February 9, 2027.
SC to hear contempt plea against man who hurled shoe towards CJI
Meanwhile, the Supreme Court is scheduled to hear a contempt petition on October 27 against advocate Rakesh Kishore, who threw a shoe at Chief Justice of India BR Gavai during a court proceeding earlier this month, PTI reported.
According to the October 27 court docket, the plea filed by the Supreme Court Bar Association (SCBA) will be heard by a bench comprising Justices Surya Kant and Joymalya Bagchi.
On October 6, in a major security breach, 71-year-old Kishore hurled a shoe at the CJI in the courtroom. In response, the Bar Council of India immediately suspended his license.
Despite the attack, the CJI remained composed and ordered court officials and security personnel to “simply ignore” the incident and let the lawyer off with a warning.
The incident drew widespread condemnation from various sections of society, with Prime Minister Narendra Modi speaking to the CJI, calling the attack “reprehensible”.
On October 16, Solicitor General Tushar Mehta and Senior Advocate Vikas Singh, who is also SCBA president, sought an urgent list of contempt proceedings against Kishore.
Mehta informed the bench that Attorney General R Venkataramani had given approval to initiate criminal contempt proceedings against the lawyer as it was a matter of institutional integrity.
The right to speech and expression cannot be exercised at the expense of the dignity and integrity of others, the Supreme Court declared at the time.
On October 16, the court indicated that the matter could be listed after the Diwali recess.
